Ex-US soldier sentenced to life in prison for Iraqi teen rape, four murders

Saturday, September 5, 2009

A former US soldier has been sentenced to life in prison for raping a teen and murdering her and her family while on active duty in Iraq. The jury failed to reach the unanimous verdict required for the death penalty sought by the prosecution.

[…] if I had never gone to Iraq I would never have got caught up in anything like this

According to testimony given by two soldiers, Steven Dale Green was part of a group who decided they wanted to rape a girl they had seen walking through her village, 14-year-old Abeer Qassim al-Janabi. They walked to her house while disguised as insurgents and separated her from her parents and younger sister.

Green then shot dead Abeer’s family while two other soldiers raped the girl. He then raped her himself while she wept before covering her face with a pillow and fatally shooting her. The gang then covered her naked body with a blanket soaked in kerosene, using a lighter to start a fire before walking 200 yards to a nearby checkpoint where they cooked a meal.

Green had already been discharged from the army when his crimes were discovered. He had previously spoken of a desire to murder Iraqi civilians and his defence argued he should never have been allowed to return to duty. A nurse had decided he would not carry out his desires. A US civilian court tried him, the first such prosecution of a soldier under a law allowing servicemen to be charged with crimes carried out abroad.

The judge described his actions as “unimaginable, unjustified and inexcusable” and sentenced him to five consecutive life sentences without possibility of parole. Four others had already been sentenced. Three are all serving life with parole after ten years, and a fourth who acted as a lookout is serving a 27-month sentence.

It took months for the offences to be discovered, even though Green had quickly confessed to a sergeant. Soldiers speaking to stress counsellors talked of the crimes after the abduction and murders of two other soldiers. When news of the soldiers’ actions broke, insurgents killed several American servicemen in revenge.

The prosecution described Green as “criminal and perverse” while the defence called him a “broken warrior.” Green said he was acting upon orders from former Specialist Paul Cortez, another of the attackers, and told the court “Y’all can act like I’m a psychopath or a sexual predator or whatever. But if I had never gone to Iraq I would never have got caught up in anything like this.”

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Victims of torture among detainees facing death penalty in Guantanamo

Monday, February 11, 2008

The Military Tribunal courtroom.

Military prosecutors at the Guantanamo Bay detention camp announced charges on Monday against six captives they claim were involved in the planning of the September 11 attacks. The men, each facing the death penalty, will be tried in a single group.

The move could cause legal problems, since the Bush Administration has admitted that at some of the confessions were given under torture. In 2006, a source in the Pentagon referred to several of the captives now facing prosecution as “unprosecutable” due to “the techniques” used to secure their confessions.

The administration confirmed last week that Khalid Sheikh Mohammed had been subjected to waterboarding – which it defines as an “Enhanced interrogation technique“. The alleged planner of the September 11 attacks confessed to planning a number of other crimes. Included in his list of confessions were the failed shoe-bombing in England and 1993 bombing of the World Trade Centre, trying to assassinate Jimmy Carter, Bill Clinton, Pervez Musharraf and Pope John Paul II, the beheading of reporter Daniel Pearl in Pakistan, the Nightclub bombing in Bali, plots against oil tankers in Singapore and an oil company owned by Henry Kissinger, plans to blow up the Panama Canal, Heathrow Airport, the Sear Towers in Chicago, the Empire State Building in New York and the Library Tower in Los Angeles, attacks against a number of nightclubs in Thailand, shooting down an Israeli plane, destroying suspension bridges and bombing a hotel in Kenya and targets in South Korea. He also confessed to attacks and plots in Kuwait, Australia, Turkey, Japan, South Korea and Indonesia. William Glaberson of The New York Times has suggested that the willingness to confess to every accusation presented against him might make it more difficult for prosecutors to establish the validity of his confessions.

Mohamed al-Kahtani, one of sixteen people accused of being a “20th hijacker“, has recanted his confessions that he had ties to Al Qaeda, had been sent to serve as a hijacker, and that he recognised thirty other captives as bodyguards of Osama bin Laden. He has stated that he was tortured and his family was threatened – in order to force his confessions. A copy of his interrogation log documented that he had been subjected to almost two months of continuous sleep deprivation, with three shifts of interrogators working around the clock to keep him disoriented. His interrogation log documents that he was bound to chairs and force-fed, and administered enemas and IVs, in order to keep his body functioning during his extended sessions..

Walid bin ‘Attash faces charges that he helped run a training camp in Lowgar, Afghanistan that trained two of the hijackers, and that he observed airport security during a flight to Malaysia, to aid the hijackers.

Ramzi Binalshibh is accused of helping the attackers enroll in American flight schools, been in frequent communication with them helped finance their time in the United States.

Ali Abdul Aziz Ali is alleged to have helped finance the hijackers’ stay in the United States, teaching them to find hotels, use travellers’ cheques and fit into Western culture.

Mustafa al-Hawsawi, originally thought to be another alias of Ali’s, is likewise accused of helping the hijackers buy Western clothing, sign up for credit cards and financing their stay before the attacks.

The charges will be referred to Susan J. Crawford, appointed the convening authority of the Guantanamo military commissions last year, to determine if there is probable cause for proceedings to continue.

The commissions were established in 2006, after the Supreme Court ruled in Hamdan v. Rumsfeld that the system of tribunals was illegal, violating both International and American laws designed to ensure the fair treatment and trials of captives. The tribunals have been criticized for only being used against a handful of detainees, and not reaching a verdict on any of the cases.

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Federal Opposition hounds Treasurer over appointment to RBA board, Gerard resigns

Friday, December 2, 2005The Australian Federal Opposition has hounded the Treasurer, Peter Costello, over the appointment of Robert Gerard to the Reserve Bank of Australia (RBA) board. Mr Gerard announced on Friday 2nd that he will resign from the Board, citing the events of this week as the reason.

On Tuesday, November 29, Wayne Swan, the Shadow Treasurer asked of Costello in the first question of Question Time about an apparent statement that Costello made to Gerard, namely, “I know there’s an issue with the Tax Office but I don’t have a problem with you on the board”. Costello responded that he had no problem with Gerard, noting that “he brings a great understanding of Australian manufacturing industry to the board”, and that the obligatory declaration of interest was “indeed was signed by Mr Gerard”.

Later it was said by Swan in the House of Representatives that Gerard’s company was using “tax havens as tax avoidance schemes to the value of $150 million” and that the declaration of interest mentioned was only in regard to his personal affairs and on asking the Treasurer when he knew this, claimed that him actually knowing the information “would breach the secrecy act”. Later Swan revealed that Gerard “and his corporate vehicles” have been “susbtantial donors” to the Liberal Party. Costello maintained that the Government “[does] not think that supporting the Liberal Party is a disqualification from holding ministerial office, prime ministerial office, Treasury office or other offices in Australia”

Swan moved a censure motion to “provide this House with a full and proper explanation of…his communications with Mr Robert Gerard…and his knowledge of Mr Robert Gerard’s dispute with the Australian Taxation Office…”, which failed in the Government’s favour with votes 83 to 59 in division.

On Wednesday, November 30, Swan opened the House in a movement to suspend standing orders again to get information from the Treasurer, stating that “The Treasurer is in real strife” before the Parliamentary Secretary to the Treasurer moved the gag. In Question Time, the Opposition continued to ask every question in regard to the appointment of Gerard. The Leader of the Opposition Kim Beazley revealed in his question to the Treasurer that “some of his cabinet colleagues have privately said that they did not consider Mr Gerard was ‘a good choice’ in the first place for the Reserve Bank board”. The Treasurer responded that Gerard’s “appointment was supported by allmembers of the cabinet”

In the subsequent Matters of Public Importance debate, the matter selected was that proposed by Wayne Swan, namely, “The need for the Treasurer to uphold the highest standards of probity in the selection of candidates for the Reserve Bank Board.”

On Thursday, December 1, the Opposition again reserved a number of its questions for inquiring about Gerard’s appointment. Swan revealed in a question to the Treasurer that Gerard Corporation had “acquired an investment company in the tax haven of the British Virgin Islands eight months after the Treasurer recommended his appointment to the Reserve Bank board”. Costello responded to Swan referring him to “a statement about that allegation in the Australian Financial Review today…in which he makes it clear that no incomehas been derived.”

Later, the Leader of the Opposition tried to move a censure motion on the treasurer, but leave of the House was not granted, so he had to resort to moving a motion to suspend standing orders to move the same motion, to censure the Treasurer for his appointment. The motion failed due to Government numbers, but the Matters for Public Importance (which follows Question Time) which was selected as “The need for the Government to govern for all Australiansnot just a privileged few.” in order to draw a comparison with the unequal treatment of the Treasurer in supporting Gerard and the new industrial relations legislation, dubbed WorkChoices, and said how the Treasurer and the Prime Minister were “laughing up their sleeves”, that the Treasurer was “not fit to lead”, and Gerard “is the worst attendee on the Reserve Bank board.”

The Minister for Workplace Relations, Kevin Andrews, however focused elsewhere on the MPI, and drew the attention of the Australian Labor Party‘s ties to the unions, had described the Opposition as a “policy free zone”, said that “there is one group that represents privilege in this place and that is the Australian Labor Party”, and stressed the benefits of WorkChoices.

Craig Emerson noted that the Queensland branch of the Liberal Party participated in “deliberate tax evasion”, and that Mr Gerard “paid penalty tax in circumstances of deliberate tax evasion”. Emerson later said that the Liberal Party was “soft on tax cheats”, “soft on tax cheating Liberal Party donors…and members”.

The adjournment debate also brought up criticism of Gerard’s appointment in the adjournment debate. Christopher Bowen noted the “disquiet” in the media, and noted the previous Board member Bernie Fraser also calling for his dismissal. Bernard Ripoll called for a “full inquiry” into the Government’s “self serving public policy”.

Swan has said that Gerard had done the “honourable thing”, but that he will not let up on pressing the Treasurer for a full disclosal of the facts.

The House of Representatives as of this date sits next on December 5, 2005.

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Finland, Canada named among world’s most-fit nations

Saturday, January 15, 2005

Finland and Canada — The Northern European country of Finland was named among the world’s most healthy, according to an investigation by the London-based newspaper, The Guardian. According to health experts, Finland joins Canada as having the distinction of being home to the lowest percentage of “couch potato” citizens among developed nations.

Pekka Puska, Director of Finland’s National Institute of Public Health claimed that in the 1970s, the country held the world record for heart disease. “Finnish men used to say that vegetables were for rabbits and not for men,” he said, “and the staple foods were bread and butter, fatty meat and full-fat milk!”

When the Finnish government found out the figures in the 1970s, it began a campaign to make a healthier nation. The number of males dying of heart problems has, over the past 35 years, decreased by 65 percent, and lung cancer deaths have also dropped dramatically.

Other nations are now considering using similar tactics as the Finnish government to make their own countries more healthy, but some say it is yet another example of a “nanny state.”

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Norfolk youths banned from buying eggs and ketchup

Wednesday, April 9, 2008

Youths in the Norfolk town of Caister-on-Sea, near Great Yarmouth, England, have been banned from purchasing “squirty bottles” of ketchup, and eggs after a number of complaints from residents in the area. The move, which is backed by the Norfolk Police, is aimed at reducing the number of anti-social incidents occurring in the area. Sergeant Andy Brown, of the Norfolk Police, has said that no further complaints have been received since the ban came into force.

I know it sounds a bit daft, but it has made a difference because we’ve had no more reported incidents since the supermarkets came on board.

While squirting ketchup itself is not a criminal offence, the damage that it can cause, such as removing paint from cars or houses, is often enough to bring charges of criminal damage. Sgt Brown said that there were “about a dozen complaints from residents, some of them elderly, about people squirting ketchup over doors, windows and vehicles.” Martin Bailie, a spokesperson for Lidl supermarkets, has defended his staff’s actions, saying “the stores’ staff were [already] challenging youngsters who were trying to bulk buy these things. It wasn’t that we haven’t been selling eggs and ketchup to youths, but have been careful about who we have sold them to, and we are glad it has been making a difference.”

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Automobile manufacturer Toyota triples annual loss prediction

Sunday, February 8, 2009

A Lexus LS 600h, manufactured by Toyota

The Japanese car making company Toyota has announced that their predicted profit loss for 2008 has tripled from their previous estimate. The company reports the loss after demand for its vehicles dropped. In December 2008, Toyota estimated its full year operating loss to be 150 billion yen (US$1.65 billion). Now the company has tripled that number, forecasting a 450 billion yen (US$4.95 billion) loss. This would be the first yearly loss at Toyota in 70 years.

The firm also said that it predicts its global sales to fall by 17.87% to 7.32 million vehicles sold, compared to last year’s 8.91 million vehicles sold. Overall for 2008, Toyota’s car sales in the United States were down 15.4%, but that number was down from 2007 in which sales dropped 18%. For the month of January alone, Toyota’s sales fell 31.7% compared to the overall U.S. sales loss of 37.1%.

As a result of the loss, 17 of the company’s 75 production lines worldwide, will be reduced to only a single shift of workers. The company also announced a full closure of all their Japanese plants for a total of 14 days between January and March 2009.

Toyota’s boss Katsuaki Watanabe described the loss as happening only “once in a hundred years”.

In January, the Japanese Nikkei newspaper said that Toyota was thinking of firing 1,000 Northern American and British workers, all of whom hold full-time positions in the company. The paper quoted Toyota’s Executive Vice President Mitsuo Kinoshita as saying that “outside of Japan, we intend to make every possible effort to protect the jobs of our employees.”

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Digest/14December2004

Digest for 14-25 December 2004

< 6-13 December 2004 • Index • 26-31 December 2004 >

Articles dated 14 to 25 December 2004 are included in the compilation below.

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Thai court strips ex-Prime Minister of $1.4 billion

Friday, February 26, 2010

File photo of Thai ex-PM Thaksin (right) meeting with Donald Rumsfeld in 2005. Image: DoD photo by Helene C. Stikkel.

Thailand’s Supreme Court today ruled that the family of former Prime Minister Thaksin Shinawatra be stripped of 46.3 billion baht (US$1.4 billion) in frozen assets, more than half of a contested $2.3 billion fortune. According to the court, the seized assets were illegally gained while Thaksin was Prime Minister; specifically, his familial involvement and connections with Shin Corporation.

In a statement released by the court, the judges said that Thaksin had adjusted government policies to favor telecommunications businesses, including Shin Corporation, a large telecommunications company owned by Thaksin, and his family, and sold to a Singapore investment firm in 2006. Additionally, Thaksin was alleged to have deposited shares held in Shin Corporation with family members whilst in office – a move to avoid, under Thai law, illegally holding any company stock while Prime Minister. Additionally, he was found to have unfairly promoted a $127 million loan to Burma – benefiting a satellite communications firm controlled by his family.

In a response from an undisclosed location outside Thailand, Thaksin contested the ruling, claiming the case was politically motivated and that, “the court was used to get rid of a politician.” In his remarks, he said that he came by his wealth legally, and he would continue his fight against both the ruling and the party that ousted him in 2008. In Thailand, Thaksin’s red-shirted supporters publicly opposed the verdict; although, no significant disturbances have been reported despite government warnings over the possibility violence. Instead, protesters say they plan a mass demonstration against the ruling sometime in March.

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Arson suspected in Namdaemun gate fire in Seoul

Monday, February 11, 2008

File:Namdaemun Fire-2.PNG
Firefighters extinguish the first portions of the fire.
February 11, 2008, the day after the fire.

Around 8:50 p.m. Korean Standard Time (11:50 UTC) on Sunday, a fire broke out at Sungnyemun Gate (more commonly referred to as Namdaemun Gate), one of the most iconic South Korean landmarks, located in the center of Seoul.

Approximately 30 firetrucks and 90 firefighters were sent to the site and were able to bring the initial blaze under control by around 10:30 p.m.

However, around 10:40 p.m., the fire rekindled at the second floor of the gate, as firefighters were in the process of extinguishing embers. By 11:00 p.m. the fire had spread over to the roof of the gate. The Korean Fire Department reports that the second blaze had started as the Department was seeking permission from the Korean Cultural Heritage Administration to dismantle parts of the gate in order to stop any possible further fires from spreading.

At about 12:40 a.m. of the 11th, the second floor had collapsed, and the fire was spreading to the first floor; at 1:50 a.m. the first floor collapsed.

Officials have yet to reach a conclusion on the origin of fire, and have presented three possibilities; arson, electric faults or accidental origins.

As the interior of the second floor of the Gate is off-limits to civilians, the Korean Fire Department initially eliminated the possibility of arson, and stated that an electric short or spark from the electric lighting could have been the cause. This possibility was later discarded as a firefighter reported, after examination, that there was no electric wiring on the second floor, as Korean Cultural Heritage Administration regulations prohibit it.

Three eye-witnesses have submitted testimonies. A taxi driver has reported seeing a man in his fifties climb up the staircase carrying a shopping bag, shortly after seeing sparks. Police have stated that the driver’s testimony differs in several crucial factors from the other two witnesses.

Firefighters have reported finding two cigarette lighters on the second floor, inceasing the possibility of arson as the cause.

Police have been unable to obtain evidence from the four closed circuit televisions(CCTVs) installed around the gate.

Officials of the Korean Cultural Heritage Administration have stated that restoration will take two to three years and will cost 20 billion won, equivalent of 21 million USD.

Officials report that no sprinklers or fire alarms were installed inside the gate, and only eight fire extinguishers were placed on both the first and second floor.

Namdaemun, built during the Joseon Dynasty, is the oldest wooden structure in Seoul and was entitled ‘National Treasure No. 1’ in 1962 after restoration.

In recent years, arsons started by evangelical Christians have damaged many Buddhist temples and Korean momuments.

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Petition pressures City of Edinburgh Council to review clause affecting live music scene

Thursday, June 25, 2015

Live music venues in Edinburgh, Scotland are awaiting a review later this year on the 2005 licensing policy, which places limitations on the volume of amplified music in the city. Investigating into how the policy is affecting the Edinburgh music scene, a group of Wikinews writers interviewed venue owners, academics, the City of Edinburgh Council, and local band The Mean Reds to get different perspectives on the issue.

Since the clause was introduced by the government of the city of Edinburgh, licensed venues have been prohibited from allowing music to be amplified to the extent it is audible to nearby residential properties. This has affected the live music scene, with several venues discontinuing regular events such as open mic nights, and hosting bands and artists.

Currently, the licensing policy allows licensing standards officers to order a venue to cease live music on any particular night, based on a single noise complaint from the public. The volume is not electronically measured to determine if it breaches a decibel volume level. Over roughly the past year there have been 56 separate noise complaints made against 18 venues throughout the city.

A petition to amend the clause has garnered over 3,000 signatures, including the support of bar owners, musicians, and members of the general public.

On November 17, 2014, the government’s Culture and Sport Committee hosted an open forum meeting at Usher Hall. Musicians, venue owners and industry professionals were encouraged to provide their thoughts on how the council could improve live music in the city. Ways to promote live music as a key cultural aspect of Edinburgh were discussed and it was suggested that it could be beneficial to try and replicate the management system of live music of other global cities renowned for their live music scenes. However, the suggestion which prevailed above all others was simply to review the existing licensing policy.

Councillor (Cllr) Norma Austin-Hart, Vice Convenor of the Culture and Sport Committee, is responsible for the working group Music is Audible. The group is comprised of local music professionals, and councillors and officials from Edinburgh Council. A document circulated to the Music is Audible group stated the council aims “to achieve a balance between protecting residents and supporting venues”.

Following standard procedure, when a complaint is made, a Licensing Standards Officer (LSO) is dispatched to investigate the venue and evaluate the level of noise. If deemed to be too loud, the LSO asks the venue to lower the noise level. According to a document provided by the City of Edinburgh Council, “not one single business has lost its license or been closed down because of a breach to the noise condition in Edinburgh.”

In the Scotland Licensing Policy (2005), Clause 6.2 states, “where the operating plan indicates that music is to be played in a premises, the board will consider the imposition of a condition requiring amplified music from those premises to be inaudible in residential property.” According to Cllr Austin-Hart, the high volume of tenement housing in the city centre makes it difficult for music to be inaudible.

During the Edinburgh Festival Fringe during the summer, venues are given temporary licences that allow them to operate for the duration of the festival and under the condition that “all amplified music and vocals are controlled to the satisfaction of the Director of Services for Communities”, as stated in a document from the council. During the festival, there is an 11 p.m. noise restriction on amplified music, and noise may be measured by Environmental Health staff using sophisticated equipment. Noise is restricted to 65dB(A) from the facades of residential properties; however, complaints from residents still occur. In the document from the council, they note these conditions and limitations for temporary venues would not necessarily be appropriate for permanent licensed premises.

In a phone interview, Cllr Austin-Hart expressed her concern about the unsettlement in Edinburgh regarding live music. She referenced the closure of the well-known Picture House, a venue that has provided entertainment for over half a century, and the community’s opposition to commercial public bar chain Wetherspoon buying the venue. “[It] is a well-known pub that does not play any form of music”, Cllr Austin-Hart said. “[T]hey feel as if it is another blow to Edinburgh’s live music”. “[We] cannot stop Wetherspoon’s from buying this venue; we have no control over this.”

The venue has operated under different names, including the Caley Palais which hosted bands such as Queen and AC/DC. The Picture House opened in 2008.

One of the venues which has been significantly affected by the licensing laws is the Phoenix Bar, on Broughton Street. The bar’s owner, Sam Roberts, was induced to cease live music gigs in March, following a number of noise complaints against the venue. As a result, Ms Roberts was inspired to start the aforementioned petition to have Clause 6.2 of the licensing policy reviewed, in an effort to remove the ‘inaudibility’ statement that is affecting venues and the music scene.

“I think we not only encourage it, but actively support the Edinburgh music scene,” Ms Roberts says of the Phoenix Bar and other venues, “the problem is that it is a dying scene.”

When Ms Roberts purchased the venue in 2013, she continued the existing 30-year legacy established by the previous owners of hosting live acts. Representative of Edinburgh’s colourful music scene, a diverse range of genres have been hosted at the venue. Ms Roberts described the atmosphere when live music acts perform at her venue as “electric”. “The whole community comes together singing, dancing and having a party. Letting their hair down and forgetting their troubles. People go home happy after a brilliant night out. All the staff usually join in; the pub comes alive”. However licensing restrictions have seen a majority of the acts shut down due to noise complaints. “We have put on jazz, blues, rock, rockabilly, folk, celtic and pop live acts and have had to close everything down.” “Residents in Edinburgh unfortunately know that the Council policy gives them all the rights in the world, and the pubs and clubs none”, Ms Roberts clarified.

Discussing how inaudibility has affected venues and musicians alike, Ms Roberts stated many pubs have lost profit through the absence of gigs, and trying to soundproof their venue. “It has put many musicians out of work and it has had an enormous effect on earnings in the pub. […] Many clubs and bars have been forced to invest in thousands of pounds worth of soundproofing equipment which has nearly bankrupted them, only to find that even the tiniest bit of noise can still force a closure. It is a ridiculously one-sided situation.” Ms Roberts feels inaudibility is an unfair clause for venues. “I think it very clearly favours residents in Edinburgh and not business. […] Nothing is being done to support local business, and closing down all the live music venues in Edinburgh has hurt financially in so many ways. Not only do you lose money, you lose new faces, you lose the respect of the local musicians, and you begin to lose all hope in a ‘fair go’.”

With the petition holding a considerable number of signatures, Ms Roberts states she is still sceptical of any change occurring. “Over three thousand people have signed the petition and still the council is not moving. They have taken action on petitions with far fewer signatures.” Ms Roberts also added, “Right now I don’t think Edinburgh has much hope of positive change”.

Ms Roberts seems to have lost all hope for positive change in relation to Edinburgh’s music scene, and argues Glasgow is now the regional choice for live music and venues. “[E]veryone in the business knows they have to go to Glasgow for a decent scene. Glasgow City Council get behind their city.”

Ms Martina Cannon, member of local band The Mean Reds, said a regular ‘Open Mic Night’ she hosted at The Parlour on Duke Street has ceased after a number of complaints were made against the venue. “It was a shame because it had built up some momentum over the months it had been running”. She described financial loss to the venue from cancelling the event, as well as loss to her as organiser of the event.

Sneaky Pete’s music bar and club, owned by Nick Stewart, is described on its website as “open and busy every night”.”Many clubs could be defined as bars that host music, but we really are a music venue that serves drinks”, Mr Stewart says. He sees the live music scene as essential for maintaining nightlife in Edinburgh not only because of the economic benefit but more importantly because of the cultural significance. “Music is one of the important things in life. […] it’s emotionally and intellectually engaging, and it adds to the quality of life that people lead.”

Sneaky Pete’s has not been immune to the inaudibility clause. The business has spent about 20,000 pounds on multiple soundproofing fixes designed to quell complaints from neighboring residents. “The business suffered a great deal in between losing the option to do gigs for fear of complaints, and finishing the soundproofing. As I mentioned, we are a music business that serves drinks, not a bar that also has music, so when we lose shows, we lose a great deal of trade”, said Mr Stewart.

He believes there is a better way to go about handling complaints and fixing public nuisances. “The local mandatory condition requiring ‘amplified music and vocals’ to be ‘inaudible’ should be struck from all licenses. The requirement presupposes that nuisance is caused by music venues, when this may not reasonably be said to be the case. […] Nuisance is not defined in the Licensing Act nor is it defined in the Public Health Act (Scotland) 2008. However, The Consultation on Guidance to accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 states that ‘There are eight key issues to consider when evaluating whether a nuisance exists[…]'”.

The eight key factors are impact, locality, time, frequency, duration, convention, importance, and avoidability. Stewart believes it is these factors that should be taken into consideration by LSOs responding to complaints instead of the sole factor of “audibility”.He believes multiple steps should be taken before considering revocation of licenses. Firstly, LSOs should determine whether a venue is a nuisance based on the eight factors. Then, the venue should have the opportunity to comply by using methods such as changing the nature of their live performances (e.g. from hard rock to acoustic rock), changing their hours of operation, or soundproofing. If the venue still fails to comply, then a board can review their license with the goal of finding more ways to bring them into compliance as opposed to revoking their license.

Nick Stewart has discussed his proposal at length with Music is Audible and said he means to present his proposal to the City of Edinburgh Council.

Dr Adam Behr, a music academic and research associate at the University of Edinburgh who has conducted research on the cultural value of live music, says live music significantly contributes to the economic performance of cities. He said studies have shown revenue creation and the provision of employment are significant factors which come about as a result of live music. A 2014 report by UK Music showed the economic value generated by live music in the UK in 2013 was £789 million and provided the equivalent of 21,600 full time jobs.

As the music industry is international by nature, Behr says this complicates the way revenue is allocated, “For instance, if an American artist plays a venue owned by a British company at a gig which is promoted by a company that is part British owned but majority owned by, say, Live Nation (a major international entertainment company) — then the flow of revenues might not be as straightforward as it seems [at] first.”

Despite these complexities, Behr highlighted the broader advantages, “There are, of course, ancillary benefits, especially for big gigs […] Obviously other local businesses like bars, restaurants and carparks benefit from increased trade”, he added.

Behr criticised the idea of making music inaudible and called it “unrealistic”. He said it could limit what kind of music can be played at venues and could force vendors to spend a large amount of money on equipment that enables them to meet noise cancelling requirements. He also mentioned the consequences this has for grassroots music venues as more ‘established’ venues within the city would be the only ones able to afford these changes.

Alongside the inaudibility dispute has been the number of sites that have been closing for the past number of years. According to Dr Behr, this has brought attention to the issue of retaining live music venues in the city and has caused the council to re-evaluate its music strategy and overall cultural policy.

This month, Dr Behr said he is to work on a live music census for Edinburgh’s Council which aims to find out what types of music is played, where, and what exactly it brings to the city. This is in an effort to get the Edinburgh city council to see any opportunities it has with live music and the importance of grassroots venues. The census is similar to one conducted in Victoria, Australia in 2012 on the extent of live music in the state and its economic benefit.

As for the solution to the inaudibility clause, Behr says the initial step is dialogue, and this has already begun. “Having forum discussion, though, is a start — and an improvement”, he said. “There won’t be an overnight solution, but work is ongoing to try to find one that can stick in the long term.”

Beverley Whitrick, Strategic Director of Music Venue Trust, said she is unable to comment on her work with the City of Edinburgh Council or on potential changes to the inaudibility clause in the Licensing Policy. However, she says, “I have been asked to assess the situation and make recommendations in September”.

According to The Scotsman, the Council is working toward helping Edinburgh’s cultural and entertainment scene. Deputy Council Leader Sandy Howat said views of the entertainment industry needs to change and the Council will no longer consider the scene as a “sideline”.

Senior members of the Council, The Scotsman reported, aim to review the planning of the city to make culture more of a priority. Howat said, “If you’re trying to harness a living community and are creating facilities for people living, working and playing then culture should form part of that.”

The review of the inaudibility clause in the Licensing Policy is set to be reviewed near the end of 2016 but the concept of bringing it forward to this year is still under discussion.

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